Conflicts of Rights in the European Union : A Theory of Supranational Adjudication - Aida Torres Pérez

Conflicts of Rights in the European Union

A Theory of Supranational Adjudication

By: Aida Torres Pérez

Hardcover | 14 September 2009

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Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge.
From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection, and the interpretations of the European Court of Human Rights, in favor of the scope defined by the European Court of Justice. From the perspective of the ECHR, the European Court of Human Rights is the ultimate authority on rights protection in Europe. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at an international level.
Combining theoretical rigor with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.
Industry Reviews
`...the ECJ should follow a path that allows for diversity through synthesizing fundamental rights traditions. Torres Pérez book can serve as a good guidance in finding that path.' Constantin von der Groben, Global Law Books `A work of scholarship and insight with editorial voices sounding forth from every aspect of leagal position...It is, indeed, a tribute to what is now a piece of constitutional history.' The Judical House of Lords 1876-2009. `It is well written and contains a very clear explanation of the systems of human rights protection in Europe...The book will be of interest to readers and researchers in the fields of European law and politics, human rights and legal theory. Above all it should be compulsory reading for all those concerned about judicial legitimacy, the protection of fundamental rights and the relationship between national constitutional sovereignty and the EU' Susan Millns, Yearbook of European Law `...a comprehensive monograph on one of the most striking normative challenges in the European Union' Constantin von der Groeben, Global Law Books Blog `Aida Torres Perez's study is to be welcomed as a clearly written and valuable addition to the already rich literature on constitutional pluralism...[A]nyone concerned with constitutionalist developments and interaction of legal orders in Europe should take a closer look at Conflicts of Rights in the European Union' Juha Lavapuro, European Law Review, 2010 `...a valuable contribution to the current debate of the proper role of the EU Judiciary in the area of human rights.' D. Xenos, European Review of Public Law `[A] stimulating contribution to the debate.' Common Market Law Review

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